"Reconstruction" Acts

During the unfortunate and unseemly controversy between President Johnson and the National Congress, the work of reorganization, according to the plans of the latter, had been going forward vigorously, in spite of the factious interference of the Chief Magistrate. A Fourteenth Amendment had been proposed by a joint resolution of Congress, adopted on the 13th of June, 1866. This amendment had been ratified by a sufficient number of States to make it a part of the supreme law of the land, in July, 1868, and on the 28th of that month the fact was officially promulgated by the Secretary of State. That amendment secured the rights of citizenship to all persons "born or naturalized in the United States and subject to the jurisdiction thereof;" politically disabled a certain class of chief offenders in the insurrection; declared the validity of the National debt; and forbade the payment of any part of the so-called "Confederate" debt. Refer to the National Constitution, in the Appendix, for the text of this amendment.

Seven of the disorganized States, namely, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana and Texas, had ratified the amendment; and having, by that act, by the adoption of State constitutions approved by Congress, and by the election of National Senators and Representatives, complied with the prescriptions of Congress, they took their places as revived States of the Union. But the perfect reorganization was not effected until the spring of 1872, when, on the 23d of May, the remaining three States having taken their places with their sisters, every seat in Congress was filled, for the first time since the winter of 1861, when members from several of the slave-labor States abdicated them. On the previous day (May 22, 1872) an Amnesty Bill was passed for removing the political disabilities imposed by the third section of the Fourteenth Amendment of the Constitution, from all persons excepting members of the Thirty-sixth Congress, heads of departments, members of diplomatic corps, and officers of the army and navy, who had engaged in the rebellion.

At a little past midsummer (1868), when all but three States had been reorganized and civil government had been established in the restored States, the general-in-chief issued a proclamation (July 28) declaring that so much of the "reconstruction" acts as provided for military rule in the South, had become inoperative. At the same time the President continued to display his factious spirit in a most ludicrous and futile manner. He asserted that the State governments in the South, established by an illegal Congress, were illegal, and, consequently, their ratification of the Fourteenth Amendment was of no effect, and it was not ratified. In order to forestall and weaken the operation of a part of that amendment, he issued a proclamation on the 4th of July (1868) declaring general and unconditional pardon and amnesty for all who had been engaged in acts of rebellion, excepting a few who were under presentment or indictment for the offence. This conduct of the President was so foreboding of mischief, that when Congress took a recess in August, it was agreed to meet again in September, should the public good require; but the Presidential election absorbed so much of the attention of Mr. Johnson and the whole people, that there was a lull in the war between the Executive and Legislative branches of the Government, and the recess continued until the regular session in December. Very soon after Congress met, the President made another foolish onslaught upon the authority of that body when, on Christmas day, he issued a proclamation which declared, in defiance of the provisions of the Fourteenth Amendment, unconditional and unreserved pardon to all and every person who had participated in the late rebellion.

Before the adjournment of Congress for the recess, the Senate had ratified an important treaty with China, which Anson Burlingame, the American embassador in that country, had negotiated. It established mutual intercourse between the citizens of the United States and those of China, and secured to each mutual and equal privileges of trade, travel, education, and religion. This was a concession never before made by the Chinese to any nation. Mr. Burlingame brought the treaty with him, and was accompanied by several high Chinese officials. He had won the entire confidence of the government, and had been appointed by the Emperor a general Commissioner to several of the Christian powers.

The result of the Presidential election gave increased strength to the Republican party. This condition implied increased responsibility, and the need of wisdom and sound judgement in the management of public affairs.